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HomeMy WebLinkAbout20143346 RESOLUTION RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING CONCERNING RIGHT-OF-WAY USE PERMITS, RW14-00125, RW14-00152, AND RW14-00169, TO PLACE A WATER PIPELINE WITHIN THE COUNTY ROAD 55 RIGHT-OF-WAY - COLORADO WATER PIPELINES, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, pursuant to Resolution #2014-0717, dated March 10, 2014, the Department of Public Works issued Right-of-Way Use Permit, RW14-00125, on March 26, 2014, to Colorado Water Pipelines, LLC, to place an 18" water pipeline within the County Road 55 right-of-way, and WHEREAS, following approval, the Department of Public Works received numerous complaints from area citizens which were investigated by staff, and WHEREAS, on May 19, 2014, a Public Hearing was held before the Board, and after hearing testimony from the Department of Public Works, members of the public and the permit holder, the Board determined there was not sufficient probable cause that Colorado Water Pipelines, LLC, was out of compliance with certain provisions contained in Right-of-Way Use Permit, RW14-00125, and WHEREAS, since that time staff from the Department of Public Works has received numerous additional complaints from area citizens regarding possible violations of various Right-of-Way Use Permits, which were investigated by staff, and WHEREAS, on the 27th day of October, 2014, a Hearing was held before the Board to determine whether or not there is sufficient probable cause that Colorado Water Pipelines, LLC, 9033 East Easter Place, Centennial, Colorado 80112, is out of compliance with certain provisions contained in Right-of-Way Use Permits, RW14-00125, RW14-00152, and RW14-00169, and WHEREAS, after hearing testimony from the Department of Public Works, members of the public and the permit holder, the Board deemed it advisable to continue the matter to November 3, 2014, to allow the applicant one additional week to remedy the violations and continue working. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Probable Cause Hearing concerning Right-of-Way Use Permits, RW14-00125, RW14-00152, and RW14-00169, be, and hereby is, continued to November 3, 2014. 2014-3346 EG0070 C,' '14t41 c,"Its PROBABLE CAUSE HEARING - COLORADO WATER PIPELINES, LLC (RW14-00125, RW14-00152, AND RW14-00169) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of October, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST[[.� EXCUSED Ci ]EL pglas Rademacher Chair Weld County Clerk to the Bs t p, 1161 I( ''4:? ` rbara Kirkmeye Pro-Tem BY: De•• GClerk to the =oar• ` ( \ 'Sean P. Conway CY— AP D RM: d k-Pac�Zy Mike F an ounty Attorney liam F. arcia Date of signature: /147_, 2014-3346 EG0070 Hello